The City Council for the City of Crossville, Tennessee met in regular session on Tuesday, April 8, 2008 at Crossville City Hall.

 

Roll Call.

Present: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.  Others present were Interim City Manager Mike Turner, City Attorney Kenneth Chadwell, City Clerk Sally Oglesby, David Beaty, Warren Nevad, Frank Mazzaro, Ronnie Cox, Matthew Troino, Johnny Presley, Scott Christian, Tim Begley, Mike Ritzman, Troy Shaver, Matt Troino, Art Meharg, Dorothy Meharg, Barry Field, Chuck Gazlay, John Ludwig, Claude Coyne, Mike Stump, Ted Hennis, Fred Houston, Dann Dunham, Ron Dyer, Darrell Sherrill, Joe Miller, Jim Young, Mike Moser, Christy Lewis, Michael Ellison, Cody Ellison, Casey Ellison, Thomas Ellison, Jennifer Ellison, Tammy Hall, Tammy Melton, Lanny Breedon, Larry Breedon, Ronnie Gore, John Lecher, Charles Daugherty, Mike Metz, Roger Smith, Rob Harrison, Kim Presley, Jonathan Presley, Steve  Miko, Clark Annis, Jerry Harris, Jon Overly, Mark Fox, Steve Hill, Jerry Kerley, Houston Daugherty, David Sutton, Lanny Colvard, and Randall Boston.

 

            Mayor J. H. Graham, III was present and presiding and called the meeting to order at 6:00 p.m.  The invocation was given by Mike Ritzman of the Believer’s Fellowship Church.  Chief David Beaty led the Pledge of Allegiance.

 

 

ITEM #1 – PRESENTATIONS

a)     Student of the Month – Casey Ellison was presented the award by Mayor Graham for the character trait “citizenship”.

b)     Crab Orchard Tigers - The basketball team was honored for being the Cumberland County Champions, J.C. Haile State Champs “A”, and T-N-T State Champs “AA”, and finishing with a 30-0 record.

c)      Stone Memorial High School Lady Panthers – Deferred to May meeting.

d)     Veolia Water - Veolia Water received the “Perfect Record Award” from the National Safety Council.  This award is part of the NSC’s OSHA program and recognized Crossville Wastewater for 251,441 employee hours without occupational injury or illness involving days away from work from 1995-2007.

 

 

ITEM #10 – MATTERS RELATIVE TO VIETNAM WAR MEMORIAL HIGHWAY

 

            Senate Joint Resolution 823, which will name a segment of I-40 in Cumberland County as the “Vietnam War Memorial Highway”, was presented.  As initially proposed, the city would be responsible for the cost of the signs, which are estimated at $325.  However, Sen. Tracy has placed an amendment to the resolution which would allow those costs to be paid from the highway fund, instead of by the City. 

 

            A motion was made by Mayor Graham, seconded by Councilmen Dean, Duer, Kerley, Wyatt, that authorization be given to pay the costs for the signs, if required.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

Mayor Graham presented the Distinguished Service Award to Dann Dunham for organizing the Vietnam Veterans Welcome Home Reunion 2008.  Mr. Dunham expressed his thanks to the City for its support.

 

 

ITEM #2 – CONSENT AGENDA

            A motion was made by Councilman Dean, seconded by Councilman Duer, that all items on the consent agenda be approved as follows:

a)     Approval of minutes (3/11/08-Beer Board, 3/11/08)

b)     2nd Reading of ordinance adopting regulations pertaining to stormwater facilities

c)      3rd Reading of ordinance annexing 109.3 acres on Peavine Road (Crosstowne Corners)

d)     Resolution approving a Plan of Service for the annexation of 109.3 acres on Peavine Road (Crosstowne Corners)

e)     3rd Reading of ordinance amending the FY07-08 budget in the amount of $10,000 for tree planting grant

f)        2nd Reading of ordinance amending the FY07-08 budget to combine Animal Control funding with the Police Department in the amount of $31,097.39

g)     2nd Reading of ordinance amending the FY07-08 budget in the amount of $6,846.50 for raw water

h)      2nd Reading of ordinance amending the FY07-08 budget in the amount of $5,050 for the Crossville Arts Council mural project

i)        2nd Reading of ordinance authorizing a cable television system franchise for Volunteer Wireless, LLC dba BLTV

j)        1st Reading of ordinance amending the FY07-08 budget in the amount of $9,000 to cover all costs for the contract with Rice Construction on the remediation work at Turner Complex

k)      1st Reading of ordinance amending the FY07-08 budget in the amount of $191,125 for the Catoosa-Hwy. 127N pump station

l)        1st Reading of ordinance annexing 0.57 acres on Meadowview Lane (Eldridge)

m)   Approval to purchase Trimble GeoXH GPS system, software, and training from GEO-Jobe GIS Consulting, a sole source vendor, in the amount of $11,680

n)      Approval to purchase pick-up truck bid on state bid from Alexander Chevrolet in the amount of $21,827 for Parks & Recreation Department

o)     Approval of utility easement on Holiday Drive to Volunteer First Services, LLC for location of remote telephone switching system

p)     Approval of estimated vacation pay and retirement incentive bonuses to Mike Livesay ($4,437.48) and David Tabor ($4,264.00)

q)     Approval to purchase 2008 Chevy Impala patrol vehicle on state bid from Wilson County Motors in the amount of $21,313

r)       1st Reading of ordinance authorizing payments for contract with W & O Construction for the construction of a soccer complex and skate park beyond the fiscal year

s)      1st Reading of ordinance authorizing payments for contracts with ECE Services beyond the fiscal year

t)        Approval of five-year lease with the Federal Aviation Administration to lease space in the airport terminal building

Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM #3 – MATTERS RELATIVE TO BIO-FUELS PROJECT

 

            Jon Overly of the East Tennessee Clean Fuels Association reported on their on-going projects.  This Association is part of the University of Tennessee system and Mr. Overly looks forward to working with the City in finding ways to conserve fuel and look at alternative fuels.  He expects some grants to become available to assist in making conversions to alternative fuels.

 

 

ITEM #4 – MATTERS RELATIVE TO CUMBERLAND COVE WATER PROJECT

 

            City Attorney Kenneth Chadwell presented the Water Services Agreement with the Cumberland Cove Property Owners Association.  He pointed out that Section 18 outlines the requirements for the receipt of a grant/loan from Rural Development before the City would be obligated to proceed with the project.  Mayor Graham reported that his conversations with Rural Development appear to be favorable, but a final decision has not been made.  Mr. Chadwell reviewed Section 5 on the infrastructure fees to be paid to the City.  The POA will be required to put up an Irrevocable Letter of Credit before construction would begin.

 

            Mayor Pro-Tem Wyatt indicated that he would like to help them, but he is concerned about (1) the availability of water; (2) concern about construction beginning prior to the entire $3,000,000 being received, (3) extending waterlines into Putnam County, and (4) the clause allowing the project to cease if the Letter of Credit is revoked.  Mayor Graham responded that he did not believe the number of customers being discussed would result in a major impact on the raw water supply, especially considering the other work being done to increase the water supply.  As for revocation of the Letter of Credit, Mr. Chadwell stated that the banking institution would be held responsible as the City would not accept anything that could be revoked.  The POA issues regarding assessments would not be a concern of the city as that would be between the POA and the property owners and would not affect the Letter of Credit.  It was pointed that if the cost is greater than the estimate, the City would bear the extra burden.  As provided in the agreement, water taps will not be required to be paid until the customer actually hooks up to the line.  Finance Director Fred Houston reported that with 400 property owners connecting during the first year or year and a half, and 200 each subsequent year, he estimates that the City’s costs would be recouped within 4 years if all the taps were paid at the beginning of the project.  If the taps are paid as the property owners connect, it will take about 6 years to recoup the investment.

 

            A motion was made by Mayor Graham, seconded by Councilman Dean, that the ordinance authorizing the execution of documents relating to the construction of a water system with the Cumberland Cove Property Owners Association be adopted on third and final reading.  Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = 0).  Yes: Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III; No: Councilman Carl Duer, M.D, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM #5 – MATTERS RELATIVE TO RESERVED PARKING FOR CLIENTS OF THE VETERANS’ SERVICE OFFICE

 

Joe Miller, Street Superintendent, recommended that the first two parking spaces located on Thurman Street from the corner with Fourth Street be designated for the clients of the Veterans’ Service Office.  Mr. Miller observed the difficulty that the clients are having in finding a parking space easily accessible to the office and felt that it was important to honor them by making parking convenient to them.

 

            A motion was made by Councilman Wyatt, seconded by Councilman Dean, that signage be authorized to designate two parking spaces on Thurman Avenue for the clients of the Veterans’ Service Office.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM #6 – MATTERS RELATIVE TO RAW WATER PROJECT

 

            ECE Services had a contract with the City beginning in 2003 on the original work on the Meadow Park Lake dam project prior to the agreement with the Army Corps of Engineers.  This contract was divided into several phases, with separate tasks budgeted under each phase.  Council approved proceeding with each of the tasks.  A new contract with ECE was approved at the March meeting; however, the old contract had approved tasks that were not billed and now need to be closed-out.

 

            Two invoices were presented on the project.  In summary, the Preliminary Design Phase – Environmental Investigation totaled $169,980.  Task 3 for the Biological Assessment went over the line item; however, the remaining tasks were under their budget so that the total invoices for this phase is $133,771.10.  Authorization was requested to pay the remaining invoice of $109,745.60, which will leave $36,208.90 in the budgeted amount for the phase that will not be spent.

 

            Phase 3, Task 5 was the feasibility study performed by PELA.  The contract was in the amount of $11,200; however, PELA invoiced ECE $20,962.48 for the work putting it $9,762.48 over budget.  Mr. Christian recommended paying the contracted price of $11,200.

 

            A motion was made by Councilman Duer, seconded by Councilman Kerley, that payment of $11,200 for Phase 3, Task 5 be approved.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

            A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the invoices for the Preliminary Design Phase – Environmental Investigation in the total amount of $133,771.10 be approved and the contract closed-out.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

(At 6:42 p.m. the regular meeting was recessed and the Solicitation Board convened.)

 

SOLICITATION BOARD

 

Veterans of Foreign Wars, Post 9686

            An application was submitted by the VFW, Post 9686, for their annual poppy campaign to be conducted May 30-31.

 

A motion was made by Councilman Kerley, seconded by Councilman Dean, that a Solicitation Permit be issued to the Veterans of Foreign Wars, Post 9686.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

(At 6:43 p.m. the Solicitation Board was adjourned and the Beer Board convened.)

 

BEER BOARD

 

Rincon Oaxaqueno

            An application for an on-premises beer license was submitted by Timothy Richard Forster dba Rincon Oaxaqueno located at 202 N. Main St.  Police Chief Beaty reported a clear records check on the applicant.

 

A motion was made by Councilman Duer, seconded by Councilman Wyatt, that an on-premises beer permit be issued to Timothy Richard Forster dba Rincon Oaxaqueno.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

(At 6:44 p.m., the Beer Board was adjourned and the regular meeting reconvened.)

 

 

 

 

 

ITEM #6 – MATTERS RELATIVE TO RAW WATER PROJECT (cont.)

 

Mr. Christian reported on their review of the raw water project study and analysis of Lake Tansi.  In their review, they believe that the FECS report underestimates the winter flows and overestimates the summer flows, but both firms agree that a considerable amount of water would be available for harvesting that is now going over the dam.  Mayor Graham asked that a way be found to utilize software that would help project weather based on historical data.  Mr. Christian that in obtaining the approval to use State Revolving Funds to finance the project, the agency will expect the permits to be in place before funds would be available.  He also pointed out that any property acquisition taking place after the funding is committed would have to be acquired following federal guidelines.  Their initial studies indicate that a 500’ buffer around the lake would affect 27 tracts, 5 structures, and approximately 320 acres   A 1000’ buffer would impact 62 tracts, 36 structures, and 680 acres.  He cautioned that structures did not necessarily mean housing, but could include any type of structure such as sheds and barns.

 

Mr. Christian suggested the Council might want to consider establishing a board or committee to hold the hearings during the environmental process since they would be expected to be numerous and lengthy.  However, Mayor Graham stated that he would prefer for the Council to retain that regulatory obligation.

 

In as much as the Lake Tansi Village Property Owner’s Association (LTVPOA) has formally requested temporary sanitary sewer service from the City of Crossville, and the City of Crossville desires to draw raw water from Lake Tansi, under certain conditions, to fill its impoundment known as Meadow Park Lake, a motion was made by Councilman Wyatt, seconded by Councilman Duer, that the following resolution containing the directives, terms, and conditions be approved:

1.  That LTVPOA be permitted to connect The Pro Shop, the Nineteenth Hole restaurant and all other LTVPOA amenities, but only the amenities, to the sewer main running along Dunbar Road, for a period not to exceed two years, and further to be permitted to discharge raw sewage from said amenities in an amount not to exceed 5,000 gallons per day;

2.  That, however, said connections to the City system not be permitted until such time as the LTVPOA, by and through its agents, has issued a Notice to Proceed to a lawfully bonded and insured construction company for the construction and completion of its membrane bio-reactor system and that said restaurant and shop be permitted to remain connected to the City system for a period not to exceed two years from the date of said Notice to Proceed;

3.  That the City of Crossville treat said raw sewage free of charge to LTVPOA during the time that said amenities are connected to the City system as outlined in paragraph 2 above;

4.  That the cost and expenses of connecting LTVPOA to the City sewer system, including but not limited to, labor, supplies, and permitting fees, be paid entirely  by LTVPOA;

5.  That, as a condition precedent to any obligation of the city to allow the LTVPOA to connect to its sewer system as contemplated herein, the LTVPOA must execute a binding agreement permitting the City of Crossville for a period of fifty (50) years from the effective date of the agreement referenced below, to draw, harvest and remove out of Lake Tansi, all raw water that would otherwise naturally flow or discharge over the spillway of Lake Tansi, and that LTVPOA grant unto the City all necessary rights, licenses and easements necessary, both permanent and temporary, for the harvesting process, including placement, affixation and construction of fixtures, pumps and such other equipment as may be necessary and, further, that LTVPOA fully cooperate and assist in the acquisition of other easements, licenses and permits that may be reasonable be required by the City for said process and for said placement of said fixtures, equipment, and pipes;

6.  That LTVPOA shall be required to produce a binding opinion of its legal counsel that it has the authority, ability and necessary right to bind the POA and its members to the agreement contemplated herein for the full term of the same;

7.  That, as a further condition precedent, and as a term of the agreement contemplated below, that LTVPOA permit the City, at any time during which either the Lake Holiday impoundment or the Meadow Park Lake impoundment water levels are five (5) feet or more below normal pool level, to, in its sole discretion, remove and draw from Lake Tansi sufficient raw water to bring either or both impoundments within five (5) feet of their respective normal pool levels, regardless of whether the pool level of Lake Tansi is such that water is discharging over the spillway; and

8.  That the City Attorney prepare an Agreement containing the terms, provisions and conditions set forth in this motion, and such other terms as he may deem reasonably necessary to carry out the intent of this motion and that the City Manager, City Clerk, and City Attorney be granted all authority necessary to prepare and implement the Agreement, and, further, that the Mayor be authorized to execute the same on behalf of the City.

Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

City Attorney Chadwell opined that a requirement in the agreement that LTVPOA be required to be disconnected from the sewer system after two years could be binding.  Mr. Christian stated that the POA’s need for sewer assistance is immediate.  He reported that their new system is expected to be permitted in 3-7 months with the final design most likely being completed prior to receipt of the permits.

 

 

ITEM # 7 – MATTERS RELATIVE TO BIDS ON HOLIDAY DR. BRIDGE, DAM, AND SPILLWAY PROJECT

 

            Bids were received March 18 on the project from Highways, Inc., Wright Brothers Construction Co. Inc., Rogers Group, Inc., and Simpson Construction Company.  (A complete tabulation is attached and made a part of these minutes.)  It was recommended that the low bid of Highways, Inc. in the total amount of $2,845,833.50 be approved, subject to final approval from the Tennessee Department of Transportation.

 

            Schedule 1 represents the spillway/dam portion which will be paid 100% by the City.  Schedule 2 represents the bridge portion, which will be shared 80%/20% with TDOT.  No budget amendment will be necessary since the entire project was budgeted in the current budget; however, enough will not be completed to impact those funds before June 30.  Sufficient funding has been included in the FY08-09 to cover the bid price.

 

            A motion was made by Councilman Dean, seconded by Councilman Kerley, that the low bid from Highways, Inc. on the Holiday Dr. project be accepted, contingent on final approval of the TDOT; and that the ordinance authorizing payments beyond the fiscal year be passed on first reading.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM #8 – MATTERS RELATIVE TO LANTANA ROAD SEWER LINE EXTENSION PROJECT

 

Amendment #2 to the Task Order for the Lantana Rd. utilities project with ECE Services was presented.  This amendment was required by TDOT to cover the additional costs for the sewer line extension approved at an earlier meeting.  All of these costs will be reimbursed and/or paid by TDOT, but must be approved by Council before the contract between TDOT and the City is prepared for approval.   It was pointed out that construction costs to be reimbursed by TDOT should include the costs for the grinder pumps, as well as the pipe and other materials, but that the City would be responsible for the actual construction.

 

            The engineering contract cost for the originally contemplated utility relocations (outside of the costs for the sewer line extension) have increased to $90,775.31 due to changes in the plans made by TDOT.  Most of these costs will also be reimbursable by TDOT.

 

            TDOT also requested the Council to consider waiving the sewer tap costs for the homes directly affected by the TDOT project.  There are 12 homes affected with one currently inside the city limits.  The City Attorney advised Council that such a waiver would fall within Council’s power.  Council indicated that they were not willing to waive the sewer tap fees as that helps to cover the cost to maintain the grinder pumps in the future.

 

            Councilman Duer requested that the homeowners be made fully aware by TDOT of their responsibility for the payment of the monthly bill for sewer service.  Instructions to this effect are to be sent to TDOT as a requirement for the project.

 

            A motion was made by Councilman Duer, seconded by Councilman Dean, that Amendment No. 2 to the contract with ECE Services on the Lantana Road utility relocation project be approved and that a budget amendment be passed on first reading.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM # 9 – MATTERS RELATIVE TO STREET LIGHTING ON INTERCHANGE DRIVE

 

L.E. Smith requested street lights be installed on Interchange Drive.  Since the electric lines on Interchange Drive are below ground and there are no existing poles, the City’s standard policy for street lights on every other pole, is not applicable.  VEC’s cost for installation of poles and lights only, with no cost associated for the underground electric, would be $1175 per light for six or less lights and $995 per light for the full 15-light installation.  A plan for wooden poles, street lights, and underground services was also presented.  The spacing on the lights would be approximately 275 feet.  The Public Works Director stated that City forces could install the conduit and wire for $1200 per light, not including labor or equipment cost.  This would bring the cost to $2375 per light for six or less and $2195 per light for the full 15-light installation.  If six lights are installed, it would illuminate the roadway in the areas of the businesses, which would be a cost of $14,250.  If all fifteen lights are installed, the total cost would be $32,925, which would give a total completed project cost savings of $2,700.

 

            A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that the joint project installing all fifteen lights at a cost of $32,925 be approved and that a budget amendment be passed on first reading.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM #11 – MATTERS RELATIVE TO CITY MANAGER RECRUITMENT PROCESS

 

            Mayor Graham proposed proceeding with the advertisement for a new City Manager rather than waiting until June as was decided at the March meeting.  He also asked for consideration of using MTAS consultants to gather the information at no cost, take the applications, reduce the pool for the Council to review, and then further reduce to the number to be interviewed.  Warren Nevad of MTAS discussed the process that other cities have gone through in recruitment.  He would expect the entire process to take 120-180 days.  Mayor Pro-Tem Wyatt stated he would prefer to go through all the applications himself rather than relinquishing them to MTAS. 

 

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that the City Manager and City Clerk prepare an advertisement for the City Manager’s position within the week to be reviewed by Council.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM #12 – CITY ATTORNEY’S REPORT

 

·        Bluffs at Cumberland Cove water line – Representatives of the developers have requested that they be allowed to put cash in the City Attorney’s escrow account rather than posting a Letter of Credit.  The Putnam County Regional Planning Commission has indicated that they will not allow the City of Crossville to participate in their Letter of Credit and would require the City to get its own Letter of Credit as contained in the proposed contract.  The contract from W & O Construction is a lump sum amount of $310,000.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that approval be given for the developer to deposit cash in an escrow account for the project in lieu of a Letter of Credit.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

·        Easement for Catoosa’s Hwy. 127N pump station – Bids have already been solicited and awarded for the construction of this pump station.  Since that time, it was determined that additional easements would be required from Shirley Jackson Edwards.  Efforts have so far been unsuccessful, but Mr. Chadwell recommended that one more offer be made.  If unsuccessful, the alternative is to file a condemnation suit.  He indicated that separate Counsel would need to be used due to a conflict of interest on his behalf due to her being a previous client.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that authority be given to the City Attorney to raise the offer by 10% and, if not accepted, the City Manager be authorized to hire another attorney to proceed through the condemnation process.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM #13 – INTERIM CITY MANAGER’S REPORT

 

            Mr. Turner reported that efforts are underway to work with employees to improve their health.  Free pedometers were secured by Tonya Hinch from Blue Cross/Blue Shield to be distributed to the employees to encourage them to increase their activity.

            The monthly revenue charts for local option sales tax and wholesale beer tax were presented.  An updated special projects report was also presented.  The City Manager and City Clerk were asked to provide an update on the Hwy. 127S sewer line contract with LD&A.  The construction on the soccer complex is on track; however, the airport t-hangar project has been held up slightly due to modifications necessary to the ASOS.

·        Salary adjustments –Joe Miller, Street Superintendent, requested that Bill Seicks and Danny Kirk be given 3% raises.  Mr. Turner also requested that the remaining 10% due to Sandy Gruber for her position upgrade by Dr. Miller be approved.

A motion was made by Mayor Graham, seconded by Councilman Dean, that the salary adjustments for Bill Seicks and Danny Kirk be approved.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

A motion was made by Mayor Graham, seconded by Councilman Wyatt, that Sandy Gruber’s salary be increased 10% effective April 1.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

·        Sewer tap in Greenbriar – Norman Adams signed an easement when sewer was run in Greenbriar in 1997.  All those who qualified and wished a sewer tap as their compensation were given a certificate that expired in 5 years, which would have been 2002.  This method has been used for many years to help in record-keeping for the water department and to encourage taps to be made in a timely fashion.  Mr. Adams did not utilize his certificate during the time it was valid.  He now wishes to use it and has requested that his certificate be extended.  During the interim period, he has paid monthly sewer bills as required.

A motion was made by Councilman Wyatt, seconded by Mayor Graham, that the request for the sewer tap be honored.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

·        Special audit – Mr. Turner reported that he has had containers placed in various locations for the collection of surplus metals.  When they are emptied, a check will be sent to the City by the vendor.  The rewind machine has been taken out of service and the work is being done by a private company.  Mr. Turner started an investigation into the issues raised at the March meeting; however, it has been taken over by the Comptroller’s Office.  Their investigation is on-going and no information will be released until it is completed and a report issued.  City Attorney Chadwell advised the Council to let the investigation run its course and that no action or any discussion be taken on the matter until the outcome of the audit is known.  The timeframe for the audit is unknown.  There will be a cost involved to the City, but is should be significantly less than if an independent auditor was used.

·        Livingston/Miller traffic signal – Scott Christian briefed the Council on the project, which has been awarded to Highways, Inc. by TDOT.  Due to problems, changes, and delays in TDOT’s acquisition process, Highways has requested 85 additional calendar days and $38,500 for the changes required by the City on the water lines.  

A motion was made by Mayor Graham, seconded by Councilman Kerley, that an amendment to the contract with TDOT to honor the request by Highways be approved, that a budget amendment be passed on first reading; and that the additional amount be deposited in the LGIP account for this project.  Vote: Motion passed (summary: Yes = 4, No = 0, Abstain = 1).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III; Abstain: Mayor Pro-Tem Boyd Wyatt, Sr.

·        Drought plan

A motion was made by Mayor Graham, seconded by Councilman Dean, that implementation of the drought ordinance be lifted immediately.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

·        Council expressed their thanks to Interim City Manager Mike Turner on a job well done during this interim period.

 

 

ITEM #14 – MATTERS RELATIVE TO JULY 4TH FIREWORKS

 

            The Parks & Recreation Department solicited informal, unsealed bids from Pyro Shows and Pyro Productions for the fireworks on July 4th.  They recommended that the bid of Pyro Shows in the amount of $22,500 be approved because they give the most “bang” for the bucks.  Interim City Manager Turner and Director Steve Hill expressed their concern for traditional bidding of the fireworks since the product couldn’t be evaluated until it was over. City Clerk Oglesby suggested that, in the future, sealed requests for proposals be issued rather than bids to follow the purchasing ordinance.  She pointed out that the end results would probably be the same since the proposals would be evaluated in the same manner as used this year.

 

A motion was made by Councilman Wyatt, seconded by Councilman Kerley, that the bid of Pyro Shows in the amount of $22,500 be accepted and that, in the future, sealed requests for proposals be issued as required by the purchasing ordinance.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

ITEM #15 – MATTERS RELATIVE TO ENGINEERING SERVICES FOR EVALUATION OF EXISTING WATER SYSTEM

 

            Jerry Kerley, Water Resources Director, presented a proposal from Smith Seckman Reid, Inc. for engineering services to determine the size and location of pipes in the existing water distribution system.  The proposed cost is a not to exceed fee of $29,980, but will billed on an hourly basis.  Houston Daugherty of Smith Seckman Reid stated that the module can help with finding major leaks.  Under the new legislation, he expects the State to set maximum water loss allowances at 28%, which will probably continue to decrease until they reach 12-15%.  The software will also be able to be used for evaluations in the ISO rating process.  The calculations produced will be accepted by ISO.  It was reported that the water modeling process is already underway.  This contract under consideration is an additional service and will make SSR available to assist City staff in gathering the information.  Tim Begley reported that the Public Works Department and the Engineering Department have already been working on identification of all water lines and are about 90% complete.

 

A motion was made by Councilman Wyatt, seconded by Councilman Dean, that the proposal for additional engineering services from Smith Seckman Reed on the water distribution system be accepted; that a budget amendment in the amount of $29,980 be passed on first reading; and that an ordinance authorizing payments beyond the fiscal year be passed on first reading.  Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).  Yes: Councilman Carl Duer, M.D, Councilman Earl Dean, Councilman Jesse Kerley, Mayor J. H. Graham, III, Mayor Pro-Tem Boyd Wyatt, Sr.

 

 

            With no further business, the meeting was adjourned at 8:45 p.m.